My husband's ex wife is still on the deed of the house I now live in. If anything should happen to my husband, do I have any rights to the house or can his ex wife claim it and force me out?
Answer
Thank you for your question,
When a husband and wife take title to property, they hold it as "Tenants by the Entirety". This form of title can only be held by a husband and wife and entitles each spouse to an undivided one-half interest in the whole. When the parties divorce, the title reverts to a tenancy in common, by operation of law. Tenants in common do not have a right of survivorship.
If your name does not appear anywhere on the deed, then if anything happens to your husband, any rights you may have in the house would be only as to one-half of the house because his former wife would retain her original one-half share as a "tenant in common". The other half interest would go to your husband's heirs or beneficiaries.
I am surprised that your husband's divorce from his first wife did not make any provision for this - either sell the house and divide the proceeds, or buy out his former wife's interest. Your husband should really take care of this because it will cause you nothing but trouble if anything happens to your husband and you are left having to deal with his former wife.
ANDREA G. TILLIS
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